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Summary: General overview of Burundi's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Constitution- As well as the incorporation of the CRC in Article 19 of the Constitution, there are a number of other provisions that make specific reference to children's rights: Art. 30 includes a parental duty to educate and raise children, as well as a right for children to special protection from the family, society and the State Art. 44 provides for children's right to special protection of their welfare, health and physical safety, as well as a prohibition on ill-treatment, abuse and exploitation Art. 45 prohibits the direct use of children in armed conflict Art. 46 provides that children should only be detained as a last resort, and that children should be imprisoned separately from those over 16 years of age, as well as in facilities suitable for their age Legislation- there is no comprehensive children's act in Burundian domestic law, although there are codes that cover specific areas of the law, some which have particular relevance for the rights of children. These codes include the Criminal Code, the Code of Criminal Procedure, the Code of Personal and Family Affairs, and the Labour Code. Other relevant legislation includes, but is by no means limited to: Presidential Decree of 2006 on birth registration Law No. 1/17 of 13th Dec. 2002 on the establishment of the National Commission for the Rehabilitation of Disaster Victims Ministerial Order No. 630/01 of 5th Jan. 1981 regulating child labour Decree Law No. 1/054 of 19th Aug. 1998 on the reorganisation of the Ministry of Education Decree No. 100/025 of 24/3/2004 on the organisation of pre-school education Decree Law No 1/005 of 1st Dec. 1996 concerning compulsory community service Law No. 1/013 of 18th Jul. 2000 on the reform of the Code of Nationality Legal Research Case law Case Law Research Compliance with the CRC In depth analysis: Juvenile justice in particular was seen to fall far short of that which is required by the Convention, as minors face the same legal procedures and courts as adults, may be detained in adult detention centres, and have the protection of few due process provisions. Reports of ill-treatment, coerced confessions, sexual violence and prostitution in incarceration were also of the utmost concern. With respect to discrimination, though it is prohibited by the Constitution of Burundi, it was found in numerous instances throughout domestic law. Highlighted instances included the inequality in succession rights for girls, as was well as in access to education. The Committee recommended in response to this evidence, that the State review legislative instruments and customary law to eliminate discrimination against girls, children born out of wedlock, albino children, children belonging to the Batwa minority and those placed in kafala families. The absence of a legal prohibition on corporal punishment in the home, schools, alternative care settings and as a disciplinary measure in penal institutions was also a matter of concern. Current legal reform projects
Article 19 of the Republic of Burundi provides that the Convention on the Rights of a Child is “an integral part of the Constitution” and as such has the force of law in Burundi. Commentators have suggested that this provision will allow litigants to rely directly on the rights and principles within the Convention, but since the Constitution only came into force in 2005, it is not entirely clear how the courts will interpret and implement this article.
The Burundian Senate (Sénat; http://www.senat.bi/) and National Assembly (Assemblée Nationale; http://www.assemblee.bi/) both maintain official websites. Droit Francophone provides selected legislation from 1979-2000 (http://droit.francophonie.org/) and all legal instruments are published in the Bulletin Official du Burundi, although at the time of writing this was not available online. The GlobaLex project at New York University provides a useful introduction to the legal and political organisation of Burundi (http://www.nyulawglobal.org/Globalex/Burundi.htm), and the U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/burundi.php) and the World Legal Information Institute (http://www.worldlii.org/catalog/2678.html) have complied a number of links to relevant resources. An online copy of the Constitution of the Republic of Burundi is available in French (http://www.chanrobles.com/burundi1.html), but there is no official English translation.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The highest court in Burundi is the Supreme Court (Cour Supreme), which presides over the Constitutional Court, the High Court of Justice, three Courts of Appeal, and Provincial High Courts. At the time of writing, no judicial or case law resources were available online.
The Committee on the Rights of the Child welcomed “efforts made by the State party to harmonize its legislation with the principles of the Convention”, but remained “concerned that plans to adopt a comprehensive legal instrument gathering all provisions relating to the rights of children have not yet been completed.” More specifically, the Committee was concerned “that customary laws and practices are not in conformity with the provisions and principles of the Convention”, in particular the provisions of the Persons Family Code which restrict succession rights for girls.
In its 2010 observations on the compliance of Burundian law with the CRC, the Committee reiterated earlier criticisms with regards to birth registration, discrimination and juvenile justice.
At the time of its last report to the Committee, Burundi listed a great number of legal reform projects that were underway. Among them, a draft law for the establishment of a national independent Human Rights Commission was before the Burundian Parliament, and projects reforming child protection laws and juvenile justice were in the process of development at the time the report was submitted.